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Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort
Federalism And The Prevention Of Groundwater Contamination, Denise D. Fort
Faculty Scholarship
Pending
Choosing Federal Court For Determination Of State Law Questions, Ted Occhialino
Choosing Federal Court For Determination Of State Law Questions, Ted Occhialino
Faculty Scholarship
The combined effect of Erie R. R. Co. v. Tompkins, 304 US. 64, 82 L Ed. 1188, 58 S. Ct 817 (1938) and proliferating certification statutes is to diminish, but not eliminate, the advantage that a litigant might gain from having a federal Judge, rather than a state court, construe state law. There continue to be cases in which the opportunity for a more favorable interpretation of state law in federal court will be an important and possibly determinative factor in choosing a federal court for the resolution of claims based upon state law. The possibility of a favorable "Erie …
Through The Looking Glass Darkly: Cleveland V. Piper Aircraft And Second Collision Liability, David J. Stout
Through The Looking Glass Darkly: Cleveland V. Piper Aircraft And Second Collision Liability, David J. Stout
Faculty Scholarship
The holding in Clevland v. Piper Aircraft Corpororation is in direct conflict with the analysis for the tort of crashworthiness and operates to undermine the fundamental social policies which formed the basis for the tort of crashworthiness. A thorough understanding of the Tenth Circuit's opinion, which is not binding on New Mexico state courts, and the reasons why the court misconstrued New Mexico law is essential for the successful prosecution of a crashworthiness case
Reflections On A Scholarly Agenda For The Beginning Law Professor, Sherri L. Burr
Reflections On A Scholarly Agenda For The Beginning Law Professor, Sherri L. Burr
Faculty Scholarship
This article looks at developing a scholarly agenda from the perspective of a recently admitted member of the academy. The topic is divided into three parts: developing a scholarly agenda; choosing what to write from the agenda; and deciding where to publish the article that you write.
San Miguel Del Bado And The Loss Of The Common Lands Of New Mexico Community Land Grants, G. Emlen Hall
San Miguel Del Bado And The Loss Of The Common Lands Of New Mexico Community Land Grants, G. Emlen Hall
Faculty Scholarship
No United States governmental action has so rankled revisionist New Mexico land grant scholars as the Supreme Court Sandoval decision in 1897. In that ruling the court held that Spanish and Mexican law had not vested in New Mexico's extensive community land grants a sufficient title to the unallotted common lands within the grant boundaries to bring those lands within the property guarantees of the Treaty of Guadalupe Hidalgo in 1848. The Supreme Court employed at best opaque Spanish and Mexican legal authority to justify its decision; the historical legal analysis has been roundly, if not universally, criticized on that …
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
Jim Crow, Indian Style: The Disenfranchisement Of Native Americans, Jeanette Wolfley
Faculty Scholarship
This article examines the ongoing struggle of Indians to gain the right to vote and, thus, have a meaningful opportunity to fully participate in the political process. It will discuss historical and modern disenfranchisement and the continued progress toward the goal of political equality envisioned by the fifteenth amendment.
Gender, Legal Education And Legal Careers, Antoinette M. Sedillo Lopez, Lee Teitelbaum, Jeffrey Jenkins
Gender, Legal Education And Legal Careers, Antoinette M. Sedillo Lopez, Lee Teitelbaum, Jeffrey Jenkins
Faculty Scholarship
Much of the literature on the careers of women generally-as well as the smaller literature on the experiences of women in legal education and legal practice-supposes that women will follow different paths and have different experiences than men, and that this is and will be true because they are women. Some commentators on the relation between gender and the experience of legal professionals believe that women have distinctive modes of cognition or value orientations that shape their experience in the workplace, while others believe that social and cultural assumptions (held not only by employers but often by women themselves) are …
The Death Penalty And Gender Discrimination, Elizabeth Rapaport
The Death Penalty And Gender Discrimination, Elizabeth Rapaport
Faculty Scholarship
Despite the paucity of research on the death penalty and gender discrimination, it is widely supposed that women murderers are chivalrously spared the death sentence. This supposition is fueled by the relatively small number of women who are condemned. This article argues that women are represented on contemporary U.S. death rows in numbers commensurate with the infrequency of female commission of those crimes which our society labels sufficiently reprehensible to merit capital punishment. Additionally, preliminary investigation suggests that death-sentenced women are more likely than death-sentenced men to have killed intimates, although the explanation for this disparity is not yet at …
Simple Justice: Humanitarian Law As A Defense To Deportation, Jennifer Moore
Simple Justice: Humanitarian Law As A Defense To Deportation, Jennifer Moore
Faculty Scholarship
Each year, thousands of persons fleeing situations of military conflict in their home countries are denied refuge in the United States. These denials result in part from an asylum adjudication process that requires applicants to show that they are persecuted on an individualized basis, rather than that they fear generalized conditions of violence. Jennifer Moore explores the development of the humanitarian law defense to deportation, which seeks to compel immigration courts to recognize and apply international humanitarian law. Part I describes the evolution of the humanitarian law argument in immigration courts. Part II considers the relationship between humanitarian law and …
Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotation, Richard A. Gonzales
Pyrrhic Victories And Glorious Defeats: Why Defendants Are Winning And Plaintiffs Are Losing The Struggle Over Actual Malice And Fictionalized Quotation, Richard A. Gonzales
Faculty Scholarship
This article reviews Masson v. New Yorker Magazine, a case of fabricated quotations. The article looks first at the legal background and Supreme Court's development of the actual malice standard. An analysis of the problem through journalistic ethics and investigation of the difficulties confronting libel plaintiffs will follow. Finally, the comment explores the misquotation problem from both a legal and a journalistic perspective.
Medicaid Reform Through Setting Health Care Priorities, Robert L. Schwartz
Medicaid Reform Through Setting Health Care Priorities, Robert L. Schwartz
Faculty Scholarship
The face of American health care has changed since the creation of the two largest government funded health programs, Medicare and Medicaid. Whatever positive cultural benefits those programs have provided, they have carried with them one overwhelming defect: a language with obscure and untreatable words and phrases which has added to the mystery and impenetrability of the underlying substantive law. This article discusses Oregon’s proposal for prioritization, reviews legal arguments, a policy argument against the proposal, and finally concludes that any priority list that generalizes from condition-treatment pairs necessarily overgeneralizes, that the range of cost-utility ratios for any condition-treatment pair …